PO Box 771 35 4th Street West T: 406.756.8993 F: 406.756.8991
Kalispell, Montana 59903
www.flatheadcitizens.org
11/14/2014
To: Flathead County Commissioners
Re: Proposed Zoning Text Amendment (#FZTA-14-02) For The Allowance Of Accessory Dwelling Units (ADUs) In Certain Zoning Districts In Flathead County
Citizens for a Better Flathead recognizes the important role that Accessory Dwelling Units can play in addressing the evolving housing needs in a community if the standards for, and location of, such housing units are carefully drafted to provide safeguards for the property rights and expectations of those who have invested in homes and property based on the existing zoning and neighborhood character of the area.
As proposed, the simple addition of ADUs to most zoning districts is lacking in the definitions, standards, criteria for review, and measurable goals, needed to provide the safeguards that property owners have a right to expect of the character, stability, and density of development in currently zoned areas that would be impacted directly by this zoning text amendment. For this reason, and for the more detailed reasoning included below, we encourage you to send this proposal back to the planning board for additional review and consideration of the merit of incorporating the following implementation procedures and standards briefly summarized as follows:
Location
· The literature on ADUs identifies numerous issues and conflicts that typically arise when ADUs are permitted after the fact in currently zoned areas. For this reason we encourage you to consider the use of a zoning overlay tool where currently zoned neighborhoods could petition to add an overlay zone for ADUs as a permitted use in their neighborhood by demonstrating clear support for AUDs and the criteria for adoption of ADUs in their area.
· Require a conditional use permit for all ADU's to allow for public comment by neighbors, or as noted above, a petition of support for the area proposed for ADUs.
· Research indicates that ADUs are most favorably located in urban or suburban areas in close proximity to available public services, retail goods and services, transportation networks, and employment options —especially for lower-income and senior persons.[1] Consider working with the three cities and unincorporated towns to identify incentives to encourage the location of ADUs in areas most able to provide these services.
Intent and Goals
· The staff report for this proposed ADU zone text change repeatedly identifies the need to provide for “affordable housing” and “housing diversity” needs in the county. These terms are not currently defined and should be. The goal and intent to protect stability,
property values, and the residential character of neighborhoods should be a clearly defined goal and intent of any ADU zone text change.
· The need for additional rental units should be established. What percent of the population of the county currently rents, and what is the current availability of rental units both occupied and unoccupied? What percent of the population is currently classified as qualifying for affordable housing under state or federal standards? How well is the market currently responding to the needs identified in the staff report to provide “housing diversity” and “affordable housing”? Based on the answer to this question, what incentives or standards are needed to ensure that adding ADUs will in fact meet a need for “housing diversity” and “affordable housing”?
· If part, the intent and goal of allowing ADUs is to offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and services. What standards or criteria are needed to insure that such goals are met?
· Consider tying the ability to create an ADU to standards, fees, and/or incentives that ensure these housing units will be offered at an affordable rate. Some sample policy ideas include:
o Require ADUs to be registered / licensed with County.
o Accessory Dwelling Unit: An Accessory Dwelling Unit is a wholly independent and self-contained (meaning provision for separate living, sleeping, eating, cooking and sanitation) housing unit that is clearly subordinate and either attached to or detached from a principal single-family dwelling on a single-family lot. They are intended to help meet the unique housing needs of lower-income (below 80% of MHI or less) or persons with disabilities and are to be used on a long-term, permanent rental basis[2].
o Application Fees and Information. Application fees and application information required for ADUs shall be less than or equal to those required to construct a single-family dwelling unit.[3]
o Permit Renewal (monitoring). Permits issued under this zone shall be for two-years and renewal for one-year thereafter upon administrative review. Any complaints by the public or other agencies or interests shall be retained by planning and zoning staff and may be justification for terminating a permit.[4]
Standards and Criteria
· As proposed, the absence of an owner-occupancy requirement for the principal home on the property can easily lead to both structures being rented by distant or irresponsible landlords allowing typical rental and unruly tenant problems to degrade the quality of neighborhoods. Some sample policy ideas include:
o Required Owner Occupancy: Require either the principal unit or the ADU to be occupied by the owner of the lot on a consistent and continuous basis.
· Without an owner-occupancy requirement, speculative development may be encouraged where developers could buy up one or more lots and add rental units without regard to the historical neighborhood character. Some sample policy ideas include:
o Limit Size of ADU: The gross floor area of an accessory dwelling unit (including any additions) shall not be greater than eight hundred (800) square feet.
o Only one accessory dwelling unit may be created within a single-family house or house lot. (Remove wording in current county definition referring to track of record and use the term lot instead[5].)
o An accessory dwelling unit may not be occupied by more than two (2) people nor have more than two bedrooms.
· While studies show that communities with "favorable" zoning can expect to get approximately one ADU per 1,000 single family homes per year, communities with high levels of tourism could see a higher level of development if safeguards are not in place to discourage or prevent abuse of this housing for short-term rentals. Some sample policy ideas include:
o Occupant Tenure: Require that ADU rentals be for a term of at least 6 months and prohibit any type of Bed and Breakfast or Vacation Rental By Owner or otherwise any type of short-term rental from occurring. ADUs are to be used on a long-term, permanent rental basis.
o Dwelling Unit: One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. This definition does not include a trailer, mobile or manufactured home however mounted.[6]
o No ADU may be added to any property which currently contains an authorized caretakers quarters or guesthouse.
o No building shall be constructed or changed in use or configuration, until the zoning administrator has issued necessary zoning approval.
· As proposed the 40% limit on ADU square footage size to the principal dwelling could allow extremely large ADUs for very large homes since there is no cap on the size of principal dwellings. This is inconsistent with the desire of many to preserve the character of the district where these units may be allowed. Many jurisdictions place square footage limits on the size of the ADU and establish minimum lot size standards in addition to setting percent limits on ADU structures in relation to principal dwellings. Some sample policy ideas include:
o Lot Standards – Minimum Size[7],[8],[9].
a. No minimum lot size for a “inside or apartment” ADU (underlying district standards apply), 2 acres for an “attached “ADU and 5 acres for a “detached” ADU.
o Lot Standards – Setback and Lot Coverage[10],[11].
a. Maximum lot coverage with both principal and secondary accessory dwelling units shall not exceed more than 40% of the lot (combined imperious surfaces may not exceed 45%)
b. Detached ADUs must be located on the rear 35% of the lot
o Attached and detached ADU design and architectural features must be consistent with the principal dwelling unit and complimentary to the character of other homes in the neighborhood.
o Limit Size of ADU: The gross floor area of an accessory dwelling unit (including any additions) shall not be greater than eight hundred (800) square feet.
· Some neighborhoods or subdivisions have covenants that govern the type or size of home that can be built and if they can be rented. These documents would need to be reviewed for how this zone change might or might not impact them.
· With or without covenants, before AUD’s are adopted for Flathead County, standards are needed to better ensure that the character and quality of the zoned area is retained. Some sample policy ideas include:
o ADU Building Standards – Screening and Orientation.
a. Underlying zoning district landscaping shall apply.[12]
Parking and Traffic.
a. ADUs must share the same ingress/egress and driveway from a public road for lots less than 2 acres but may divide into separate driveways for lots 2 acres of larger if the ADU is detached.
o Home occupations: Limit to the principle owner-occupied home.
o Public Health. Certification by the DEQ and/or Health Department that the water supply and sewage disposal facilities are adequate for the projected number of residents must be provided to the building official.[13]
· Additional zoning text amendment wording and clarification is needed on how impacts from ADUs to neighbors will be prevented or handled and enforced including impacts from:
· Vegetation removal,
· Storm water runoff,
· Noise,
· Lights,
· Building heights,
· Limits on lot coverage,
· Blocked view-sheds,
· Additional pets or livestock,
· Types of housing stock allowed (like trailers or temporary housing units),
· Added and cumulative road impacts,
· Shared responsibility for road improvements or fees,
· Added impacts to environmentally sensitive areas,
· Limited or shared access to recreational facilities (like lakes and docks),
· Added impacts to water and septic systems, community wells and water rights,
· The potential of multiple home businesses on one lot,
· The potential abuse of these units for short term rentals,
· Potential impacts from ownership changes and pressures to allow further subdivision of lots for sale, and,
· How the county will track and collect information about the impacts of this change in policies on affordable housing and other factors.
1
[1] Massachusetts Smart Growth Toolkit: ADUs; Benton County Health Impact Assessment: ADUs; Oregon State Department of Environmental Quality ADU Matrix;
[2] Washington State Model ADU Ordinance Recommendations, WA State Department of Community, Trade and Economic Development, January 1994;
[3] AARP Model ADU Ordinance;
[4] AARP Model ADU Ordinance;
[5] The use of the phrase/term “tract of record” is not defined in the Zoning Ordinance (only the Subdivision Ordinance) and is a confusing and unfamiliar term in planning circles. It appears to be a more useful term for property tax assessments than for general community planning. No size or dimensions are assigned to such parcels. The term lacks certainty that a “tract of record” is consistent with approved land use designations, future land use map and zoning for a given parcel.
[6] Clark County (WA) ADU Ordinance;
[7] Clark County (WA) ADU Ordinance;
[8] Spokane County (WA) Detached ADU Info Sheet;
[9] AARP Model ADU Ordinance;
[10] Clark County (WA) ADU Ordinance;
[11] AARP Model ADU Ordinance;
[12] AARP Model ADU Ordinance;
[13] AARP Model ADU Ordinance;